Wednesday, August 12, 2009

Pechanga's Culture of Corruption VI: Failure to follow PECHANGA Constitution and Bylaws

From the comments section by A'amokat:

Below is what the Pechanga Constitution and Bylaws says about the recall of elected officials.

Article V11


Section 1. Recall of Elected Officials, Elected Officials may be recalled.

(1) Recall Procedure shall be initiated by presentation of a petition at a general meeting. The petition shall be in the form described in Article X11 Section 2.

(2) A recall petition is automatically the first item of business to be considered at a duly noticed meeting.

(3) If at the duly noticed meeting, the majority finds that the reasons stated in the petition for recall are justified, then a recall hearing shall be held.

(4) A hearing and the vote on the recall will take place at the next duly noticed meeting.

So David Miranda has not been been given due process of law and has not been legally removed from office because none of the procedures specified in the Band's constitution have been followed.



stand your ground said...

Iam shocked to hear that there is
corruption going on in the Pechanga Tribe...

'aamokat said...

The July 26, 2009 vote of the General Membership was whether or not to reinstate David Miranda to the PDC board, who had been removed by the tribal council?

Well if he was removed by the tribal council, then he wasn't lawfully removed, because the constitution and bylaws clearly states that officers of the Pechanga Band can only be recalled by the petition process where the petition is first justified by a General Membership vote and then voted on in a follow up General Membership meeting.

The second part of Article V11 of the Band's constitution and bylaws deals with filling vacancies but also mentions removing the chairman or council members for violating the bylaws:

Article V11

Section 2. Filling Vacancies. All individuals filling a vacancy shall serve out the term of the office that they have filled.

(1) Chairman. If the Chairman dies in office, resigns, be convicted of a crime punishable by one (1) year or more in prison, OR IS REMOVED FOR VIOLATION OF THESE BYLAWS, then he shall be replaced with one of the Council members.

(a) The Council will appoint the new Chairman with approval of the Band at a duly noticed meeting.

(2) Council members. If a Council member dies in office, resigns, be convicted of a crime punishable for one (1) year or more in prison, or FOR A VIOLATION OF THESE BYLAWS, then a replacement to fill the vacancy will be selected by the general membership at a duly noticed meeting.


'aamokat said...

Apparently David Miranda was only sued by the contractor because the contractor couldn't sue the tribe directly because of sovereignty.

But the tribe let him sink or swim on his own?

Contrast that with the tribe reportedly paying the legal fees of CPP members who were sued by members of the Manuela Miranda family who were disenrolled.

So doing tribal business with outside contractors is not official tribal business but disenrolling hundreds of long time tribal members in good standing is official tribal business?

Anonymous said...

What good are the chairman's words to Congress when he lies to his own people?

How can he be trusted? Is the money the tribe gives to politicians just enough to get them to "look the other way"?

'aamokat said...

Well, the Journey at Pechanga golf course shows that Chairman Macarro's words to congress are no good as he testified in 2002 to the congressional resources committee that if the Great Oak Ranch property was put into trust and made part of the reservation, then no changes would be made to that land.

This is backed up by the land to trust application submitted to the United States Department of Interior.

Well in 2007 the tribe started tearing up a large portion of the Great Oak Ranch property and today that is where the Journey at Pechanga golf course sits.

Macarro's brother John Macarro, an attorney for the tribe, said that once land is put into trust, then they can make zoning changes to it just like a city or county can.

Translation of John Macarro's words: once they have a piece of land, then they can do whatever they want with it regardless of past promises made to do no changes to it.

At least some of the Macarro family speaks with forked tounges?

stand your ground said...

Corrupt Pechanga Chairman...
Forked tongue... like a Snake...
Tribal Members need to cut off the
head off the SNAKE {VOTE HIS ASS OUT}and then go after the
SNAKE'S DEN, the Tribal Board
find some GUTS next election coming up b/4 they kick out more members, you'll be sorry if you don't. The threats and intimidation'S from the SNAKES DEN

Anonymous said...

Lying to the People
Abusing Power
Lying to Congress on land into trust
Cheating its own people
Stealing Heritage
Beating up Customers
Allowing Thuggish Behavior by it's youth to close it's nightclub
Not following the Pechanga Constitution

Yeah, that's a business I want to spend my money at.

Candle said...

Saw your blog listed on the Ed Morrissey show. I've been known to frequent "Indian Casinos" in Arizona. Are any of these casinos in Arizona?

Neet blog, I'll have to read more at work next week when I'm back in the office.

Sheriff Bart said...

General Custer: "Corny, what are we going to do?"

Corny: "We need to save our phony baloney jobs gentlemen so let's stick it to David Miranda. Frame him with some trumped up charges so the people will not notice what we are doing!"

General Custer: "Great idea, let's do it!"

Flunkies in the room: "Ha-rump! Ha-rump! Ha-rump!"

Corny: "I didn't get a Ha-rump from that guy!"

General Custer: "Give Corny a Ha-rump!"

Flunky #1: "Ha-rump! Ha-rump!"

Anonymous said...

Sheriff Bart? Is that what the Pechanga's now call, "the Indian Way"?


Taking care of their people, the elders and the children is THE INDIAN WAY.

It's now, the Crime Family Way at Pechanga.

Anonymous said...

I have a question to all that have posted information regarding the masiel/basquez not being from pechanga, have any of you thought of providing this information & documentation to all the other families still in the tribe? On this site there have been posts of which family could be next. If you hunters/mirandas provided information that resulted in the masiel/basquez family being disenrolled rather then one of the other families that family might be do the right thing and help you get back in. It seems like it would be worth a shot.

cali4gambling said...

I have a better idea...much like Pechanga did years back...lets start a new campaign to allow gambling for all..not just tribal in the state of California....and we could have the profits going to the school systems....and then the tribes would be on even grounds with everyone else....besides...did the voters approve the compacts that Arnold signed..or did he do those phoney compacts on his own???...

Allen L. Lee said...

Well cali4gambling,
I think I have an even better idea for the tribes to be on even ground with the rest of California.

Let's give the tribes Los Angeles, Riverside, Orange and San Diego counties and the lotto money and the unfairly treated Californians can move onto the tribal lands and control all of the the Casino money. That should be pretty even, What do you think? The tribes can keep the lotto money for tribal revenue and the Californians can use all their Casino money for their schools. That should wipe out ignorance in California once and for all.

Anonymous said...

most of the people left in the tribes are hardly Indian anymore Mr. Lee...and if they were they wouldnt be acting like the Pechanga tribe leadership .,.I thought our constitution says that all men are created why the special treatment for the tribes?....the African-Amereicans were also treated badly in the past...did we give them sovereign status?...or land to build a Casino on...and like all the Mexican nationals that have come into this state...the tribes could have fit into society and worked instead of complaining about the bad land they got or lack of very many of these tribal members work in the just take the $30,000 a month for nothing...oh yeah..thats right..we owe it to them..sorry..i dont buy into it.

Allen L. Lee said...

So you "GAVE" the tribes land.
You need to take some time to re-think that statement.
Cultural genocide as been very effective, so to the degree that some are less Indian intheir ways than what their ancestors used to be, you are correct. But what ever remnant of their heritage they can muster up and use to their sovereign benefit I support.
Most of the bloggers use english language here, but a couple of the posters such as 'aamokat and Teetilawuncha know remnants of their Indian-ness and use it. It's not about them being equal to George Washington, Thomas Jefferson, Martin Luther King or Barack Obama, it's about them choosing or not choosing to live the life that their ancestors left for them.
black sovereignty, several attempts at Black sovereignty were made on this continent in Tennessee, Oklahoma, and around the Carolinas. The most evident product of Black sovereignty is Liberia, spnsored by the American Colonization Society, so to answer your question, Yes there were attempts and deeds for Black sovereignty.
The U.S. does not conduct business with racial sovereigns., That is why we boycotted Aparthied South Africa and the Supreme Court and Congress has also made it clear that their assoxiation with tribes as sovereigns is a political one, not a racial one. This is where we have the problem with tribal dis-enrollees, like the ones featured on this site.
Almost all of the dis-enrollees were removed fom their tribes because of Eugenics factor, somebody's grandmother or grandfather fails to meet the racial, ethnic, or regional requirements of a tribal enrollment committee. It is unacceptable for nations, states, or tribes to engage in such eugenics. we can't condemn South Africa for euginic exclusion of blacks, we can't condemn Cambodia's persecution of the Hmong, We can't condemn Saddam Hussiens persecution of the Marsh Arabs and the Kurds, and say it is OK for the Pechanga Tribe and the Cherokee Tribe to do this to their own people because they are only a tribe or they are Indian. It is unacceptable for any governing sovereign to do such things, and that is what tribes are, political governing sovereigns, not merely races of Indians. the dis-enrolled Pechanga have a right to their sovereign recognition. I'm not willing to toss their rights of sovereignty away because an envious American is tweeked about an underdog that has empowered itself through economic success.
All men are not created equal and the authors of that statement never practiced such a philosphy. Of course I have to qualify that by saying that they really never gave due creedence that all the other men were actually human beings. But even in their Judeo-Christian concepts, they never believed Cain was equal to Abel or that Eve was equal to Adam.
You can end your "special treatment" at any time by simply returning your ill gotten gains to the people you took them from. No more need for special treatment in exchange for perpetuating decades old human rights crimes. Just give the stuff back, it's easy. You should be finished with it by now.
How does anyone force one sovereign into a compact with another sovereign? California has never been forced by the feds into a compact with Arizona or Nevada. Even in the Colorado River water compact, the poliical motive was to "discuss, negotiate, and "work out", not sign a compact with the other states or no sovereign rights. A good read about this type of compact negotiation is:

'aamokat said...

Allen Lee said, "Almost all of the dis-enrollees were removed fom their tribes because of Eugenics factor, somebody's grandmother or grandfather fails to meet the racial, ethnic, or regional requirements of a tribal enrollment committee."

I thank you for your continued support but your statement is incorrect as most of the disenrollments, at least in California, were against people who do meet, what you call, the eugenics requirments.

It was the mis-use of tribal authority by failing to follow tribes own laws and procedures or the ignoring of bonefide evidence that resulted in disenrollments in the majority of California cases.

I mean how else can the disenrollment of the Foremans from the Redding Rancheria tribe be explained when they proved with at least a 99.9% probability by DNA testing that they are indeed blood of their tribe.

It is absurd because if a paternal test was given to a man, and the test came back with the same percentage the Foremans had in their favor, do you think a court would not enforce child support for that child?

Of course not!

So why can't the Foremans and all of the rest of us who have been wronged by our tribes get real justice?


'aamokat said...

Mr. Lee, one more thing, tribes do have a right to determine who their own members are as long as it is done in a fair and impartial way.

So if the 1866 treaty doesn't give citizenship rights to the Freedmen, which I believe it does, but if it doesn't, then the Cherokees have the right not to recognize them as members of their tribe.

In looking at your previous post further, I noticed that you mentioned the regional factor as part of Eugenics.

In our case all sides agree that we are descendants of Luiseno people but our enrollment committee claims, wrongly, that we are not Pechanga Luiseno.

Luiseno said...

"In our case all sides agree that we are descendants of Luiseno people but our enrollment committee claims, wrongly, that we are not Pechanga Luiseno."

It is a FACT that we are descendants of original Indians who resided in the Temecula Indian village. This can not be disputed, as there are historical documents proving this as a fact.

It is a fact that before we were forced to move out of the Temecula village and dumped on the area known as Pechanga, that no Indians were known as Pechanga yet. Unless you count the fact that Mateo Quasicac, Paulina Hunter's father was born in Pechanga (this was before there was a reservation there). In fact he is the only Indian listed in the mission records as being born at Pechanga.

It is also an undisputed fact that our family is listed on the very first census records at the creation of the reservation.

So how does this make us not Pechanga? Just what "special" qualifications are we missing?